Town hopes for dismissal of claims over severance package by year's end

By John Aguilar For Hometown Weekly

Posted:
11/13/2012 01:56:08 PM MST

More than two years after Superior's messy divorce from former town manager Scott Randall, there has been no resolution to the legal claims Randall filed against the municipality regarding the terms of his separation agreement.

Randall alleges that the town breached the contract by not fairly compensating him for pension, sick leave and health insurance premiums upon his departure from his town manager post in October 2010. Superior counters that the town lived up to its end of the deal -- which included a lump sum payment of $94,500 -- when it fired Randall.

The civil suit was scheduled to go to trial in Boulder on Monday, Nov. 12, but was postponed.

Scott Randall (former Superior Town Manager)

Kendra Carberry, Superior's attorney, said she had to ask the court to delay the trial because Randall didn't show up in Colorado in September to complete a deposition in the case. In late October, the judge gave Randall 60 days to appear.

"I'll ask for him to be held in contempt of court (if he doesn't appear)," Carberry said.

She said Randall also owes Superior nearly $1,900 in attorney fees for work it did preparing for the deposition he didn't attend.

"There were attorneys fees we incurred trying to get him here," Carberry said.

She said the town will ask that the case ultimately be dismissed.

"It's the town's position that the case has always lacked merit and that the case will be dismissed by the end of the year," she said.

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Keith Shandalow, Randall's Boulder-based attorney, said his client didn't appear because he was being asked to answer questions about documents that were no longer relevant to the case. He said Randall "will comply with all court orders" and has "no intention" of backing off his claims.

Randall, who went on to become general manager of the resort community of Hot Springs Village in Arkansas, left Superior under a cloud of controversy two years ago. Several residents in the town of 12,500 had pushed for his removal because they disliked his managerial style and his "bullying" approach during his 31/2 years with the town.

Superior Mayor Andrew Muckle said a "personality conflict" was at the heart of Randall's departure.

Attempts to reach Randall on Monday were unsuccessful. But a call to the Hot Springs Village Property Owner's Association revealed that Randall was terminated "without cause" from his position as general manager of the 8,500-household gated community on Oct. 30.

Board president Jerry Kosoglow said he couldn't discuss the details of why Randall was let go last month because it is a personnel matter.

Muckle said Superior has moved on, relying on Town Manager Matt Magley for guidance.

"It's been great working with Matt and he has really stepped up to the plate at a difficult time," Muckle said.